Archive for March 4th, 2016

The Trouble with the TPP has discussed how the agreement’s investor-state dispute settlement provisions do not meet the standard set by the Canadian government in CETA, do not address key concerns over policy making as illustrated by the Bilcon case, and raise enormous risks as demonstrated by the ongoing Eli Lilly dispute over Canadian patent law. This final ISDS post points another problem for Canada with ISDS rules: our track record is terrible.

According to the UNCTAD dispute resolution database, Canadian investors lodged 39 claims between 1998 and 2016 using ISDS provisions found in trade agreements and bilateral investment treaties. With all those claims, Canada has only won three times: a 2013 mining case against Kyrgyzstan, a 2011 mining case against Mongolia, and a 2009 mining case against Venezuela. The record is even worse in claims involving NAFTA as Apotex lost in 2008, 2009, and 2012; Canadian Cattlemen lost in 2005, Grand River lost in 2004, Glamis Gold lost in 2003, Thunderbird lost in 2002, ADF lost in 2000, Methanex lost in 1999, Mondev lost in 1999, and Loewen lost in 1998. Canadian companies just doesn’t seem to win NAFTA claims.